In a landmark decision, the Supreme Court on Tuesday ruled that no preliminary inquiry by a police official is permissible as a condition for registering FIR in cognisable offences.
The apex court said that police officials now cannot avoid registering an FIR. It also said that action must be taken against the officials who do not lodge the FIR in cognisable offences.
A five-judge Constitution Bench headed by Chief Justice P Sathasivam said, "We hold registration of FIR is mandatory and no preliminary enquiry is permissible in cognisable offences."
The bench also comprised justices BS Chauhan, Ranjan P Desai, Ranjan Gogoi and SA Bobde.
"Police officials cannot avoid to register the FIR and action must be taken against them if no FIR is registered," the bench said.